Thompson v. Main

The justice court did not err in denying defendant’s motion for a jury trial. The statute gave either party the right to move for a jury “on or before the return day of such complaint.” The defendant did not so move until sixteen days thereafter. He claimed this right because the complaint had been permitted to be amended by leave of court on June 14th, by alleging an additional ground of recovery concerning whose allegations he had had no opportunity to claim a jury trial. The original complaint of summary process alleged a tenancy terminable at the option of the lessor; the amendment to the…